Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16591 of 2019 Petitioner :- Jitendra Singh Chauhan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lakshman Singh,Santosh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Lakshman Singh, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 29.03.2019 registered as Case Crime No. 362 of 2019, under Sections 387, 511, 420, 452, 323, 504 and 506 I.P.C., Police Station- Kotwali Orai, District- Jalaun.
Learned counsel for petitioners submits that the present F.I.R. was lodged after passing the order by the concerned Magistrate on the application filed under Section 156(3) Cr.P.C. of respondent No.3. Learned counsel for the petitioners further submits that the petitioners are innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment.
Learned A.G.A. opposed the prayer for quashing the F.I.R..
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 14.6.2019 Shubhankar (Vivek Varma,J.) (Ramesh Sinha, J.)